Helping clients, families, and caregivers is not just a job for us, it is our passion. We help people build a plan they can depend on, find access to great senior care, and preserve assets instead of going broke paying for care.

Will Contest

05/15/2018

“Older couples have found out the hard way that getting married later in life, can throw a wrench into more than just inheritance.”

If your parent gets “serious” about someone he is dating, you might have mixed feelings. While you do not want your parent to be lonely, new romantic relationships for older adults come with complications that younger couples do not face. When your parent, who has been single, divorced, or widowed, contemplates marriage, you might wonder, can your older parent’s new spouse swipe your inheritance?

The short answer is yes without proper legal planning. The new blushing bride or groom can claim part of the estate, if your parent dies first. The precise percentage of the estate going to the surviving spouse can vary between one-third and over one-half depending upon circumstances.

How Can an Older Adult Protect Her Child’s Inheritance If She Remarries?

There is no way to guarantee your children’s inheritance when you remarry, unless they are under the age of eighteen. Minor children usually have a claim to a portion of a deceased parent’s estate. Once your kids turn 18, however, they do not have an automatic right to inherit from you.

You can sign a prenuptial agreement before getting married and write new wills after you get married, but people have successfully busted prenups and contested wills. They are not written in stone. Once you are gone, your surviving spouse could go back on her word and challenge these documents. If a judge sets aside the will and prenup, the widow could demand her legal share of your estate.

Alabama is unique among states because it’s law allows a spouse to be completely disinherited if your parent’s assets are owned by a living trust that avoids probate. A trust can also be contested just like a Will but it is more difficult than a will and as long as the trust was created when your parent had mental capacity and was under no undue influence it will be upheld.

What Other Fall-Out Can Happen When Seniors Marry?

Older couples have discovered the hard way, that getting married later in life can throw a wrench into more than just inheritance. Remarriage can cause a senior to lose Medicaid and Supplemental Security Income (SSI). Tying the knot can make you ineligible for your former spouse’s pension, Social Security retirement or disability income, and alimony.

More couples over the age of 55 are skipping the altar than ever before. In just the last decade, the numbers have jumped 75 percent. Many are living together as unmarried couples. Some have a ceremony that does not create legal rights.

The financial consequences of remarriage later in life can be severe to the new spouses, their children, and grandchildren. To protect yourself and your family, talk with an elder law attorney in your area. State law will control most issues, and the laws vary from one state to the next. This article discusses the general law.

04/03/2017

“If you don't have a will, the courts will decide who inherits your assets. Compile information now to make a will.”

Women delay making a will more than men, but both sexes put off this important task for a number of reasons. Some think that their estates are too small. Some assume that their spouse will do it. Some are clueless on where to start. Regardless of the excuse, it's important to have a will. Without one, your assets will be distributed based on state laws, rather than your or your family's wishes. Below is Paul the Procrastinator’s Will under Alabama law.

Last Will of Paul Procrastinator as Made by the State of Alabama

First: I direct the Probate Judge to appoint anyone of his choosing to administer all property in my name and distribute it under the terms of this will.

Second: I direct that all my assets be converted to cash, all of my debts paid, including taxes, probate fees, administrative fees, and attorney’s fees.

Third: I direct that the first $50,000 plus one-half of my estate be paid to my spouse if all of my children are also children of my wife. If, however, I have a child by another mother, I direct that only one-half of my estate be paid to my spouse.

Fourth: I direct that the balance of my estate be distributed outright, and in cash, in equal shares to my children. If any child is a minor, I direct that his share be held by a guardian for his benefit. The guardian may be anyone of the court’s choosing.

Fifth: When each of my children attains age 19, I direct that his share be then paid to him outright regardless of his financial or emotional maturity.

Sixth: In the event that my spouse does not survive me, I direct that his/her share be added to the children’s shares under articles Fourth and Fifth.

Seventh: If none of my children survive me but my spouse does, I direct that the remainder under Article Third be distributed outright in the following manner:

$100,000 plus one-half of my estate to my spouse.

The balance to my parents, if living, otherwise to my brothers and sisters or their heirs.

Eighth: If I am not survived by a spouse, children, or parents, I direct the Probate Court to seek out my closest blood relatives and fully divide my estate among them in a way which gives an equal share to my closest relatives and their descendants.

Ninth: If no relatives are located, I direct that all of my property go to the State.

What’s your net worth? Create an accurate statement of your net worth. List your significant assets, and don’t forget life insurance and retirement benefits. Make sure that you talk with an estate planning attorney to understand what assets pass through the will and which are non-probate assets. You should then consider to whom you’ll leave them, including family members, friends and charities.

What should be done for your care in your final days? Talk about your advanced medical care directive (or “living will”) and powers of attorney. These are important for lifetime planning. An advance medical directive states what actions should be taken for your health, if you’re no longer able to make decisions for yourself because of illness or incapacity. A power of attorney gives another person the authority to act on your behalf on legal or financial issues.

Who will care for your kids? If you have minor children, think about who should be responsible for their care and upbringing if you pass away. In other words, who’ll be their guardian if both parents die or if one of the parents has been irresponsible and/or unable to care for the children? If you plan ahead, you avoid having a judge making that decision for you.

When should the kids get their inheritance? State laws say that an estate will be distributed to a child at age 19. However, through proper estate planning you can set any age you feel is appropriate and stagger the distributions, if you think your child may not be able to handle the money.

02/21/2017

“Months after the death of an eccentric multimillionaire, his children are clashing over who should receive his fortune.”

Kansas City’s Del Dunmire was popular for overcoming an unsuccessful bank robbery to become the founder of an international aviation parts company. While he spent some of his fortune on wild parties, he also donated to philanthropic causes, like Children’s Mercy Hospital, the Salvation Army and Kansas City’s Vietnam Veterans’ Memorial Fountain. However, Del’s wealth is at the center of a legal dispute between two of Dunmire’s children, Debra Dunmire Hedenkamp and Mark Dunmire.

The Cass County Democrat Missourian explains in “Children of Del Dunmire may clash in court over rightful heir to fortune,” that Del dreamed of remodeling the Harrisonville square into an arts and entertainment venue. He spent $10 million to purchase 80% of the square’s properties. Hedenkamp alleges that her brother wrongly influenced their father to amend his will and the details of his trust. Those moves cut her out as a beneficiary and bequeathed all of their father’s fortune to her brother Mark.

A trust created by Del in 2008 named three people as the beneficiaries to his fortune: Hedenkamp and her two half-siblings, Joshua and Jasmine Dunmire. His sister claims that Mark was upset that he had been excluded as a beneficiary, and that in 2014, he wrongly influenced their father to change his will and trust in order to be named as the sole beneficiary.

One petition alleges that Mark exerted an “undue influence” and committed fraud to obtain Del’s signature and alter the millionaire’s 2008 will. Another petition makes similar claims against Mark concerning an alteration to Del Dunmire’s 2008 trust.

Among the exhibits in the case, is a document allegedly written by Mark to his father. Hedenkamp claims to have found the document while cleaning out Del’s apartment after he died. The typewritten document, signed “Mark” and addressed to “Dad,” reads in part, “I have left estate planning documents prepared, according to your wishes as you have expressed to me many times. ... Witnesses are easy to come up with, just keep in mind that they may be called upon to testify on the veracity of your signature and your capacity when you signed them, so please choose well.”

The document’s legitimacy has not been confirmed. Hedenkamp’s petitions allege that Mark exploited his father’s bipolar disorder to persuade him to change his will and trust. The petitions also allege that Mark tried to convince his father that the shares to be left to Joshua and Jasmine Dunmire, should instead go to a charity.

“Such representations were intended to and did deceive Delbert L. Dunmire,” Hedenkamp claims in one petition.

Mark Dunmire’s attorney says that Del had the mental capacity to update his will and that the evidence will clearly show that was his intent.

Hedenkamp’s petition asks the court to remove Mark as the personal representative of the estate and to appoint a disinterested person to manage it. She also claims that Mark isn’t the sole beneficiary and that Hedenkamp is entitled to the one-third share left to her in accordance with Del’s 2008 will and trust. Her share is worth over $4 million.

Hedenkamp wants jury trials to settle the disputes in the separate courts and is claiming more than $25,000 in damages from her brother.

Reference: The Cass County Democrat Missourian (January 27, 2017) “Children of Del Dunmire may clash in court over rightful heir to fortune”

02/03/2017

Muhammad Ali’s estate was relatively easy to settle, by celebrity heavyweight standards, provided the truce between his nine kids and his widow holds. The only item remaining is the venting of grievances and writing the checks, says TrustAdvisor’s recent article “Muhammad Ali Kids Fight Stepmom Over $80 Million Estate Plan.” However, grievances can get fierce, especially with second-generation boxers with grudges to resolve. Don’t count this match over until the last papers are signed.

Most of Ali’s kids—children of several different mothers—aren’t too friendly with their dad’s widow Yolanda or “Lonnie.” They claim that she tried to isolate Ali as his Parkinson’s disease progressed. Another sore point: the will reportedly gives Lonnie a double share of the estate.

Only the youngest of the kids, Asaad, is on Lonnie’s side. She adopted him as a baby, and they’ve always been close. The other kids resent her, especially since she’s going to get $12 million from the estate … compared to their $6 million apiece.

The kids dislike each other only a bit less, so chances are good that a unified front against stepmom Lonnie will fade. But Ali’s estate plan at least eliminates most of the classic disagreement that drives families apart permanently. All of the Champ’s kids get an equal share, so there’s no favorite and no special treatment.

Yolanda’s double share is much less than it would have been naturally. Ali’s attorneys helped him make some decisions when he was still in his peak earnings cycle.

Ali died in Arizona, where he and Lonnie had lived since 2005. It’s a community property state, so Lonnie could simply claw back half of the money Ali earned since he married her 30 years ago—like the $50 million Ali earned for selling his personal brand and a secondary $2 million rights package he cashed out three years before his death.

Lonnie was Ali’s third wife, and his lawyers insisted she sign a prenuptial contract. However, Ali refused to enforce it. She ended up with the house, the art collection and half of a $2 million bond portfolio. He kept the real estate, so the proceeds from the eventual sale of those assets go to the kids, not Lonnie. They also get their share of his holding companies.

Ali’s estate planning lawyers knew their stuff. As a result, their client’s kids don’t have the common concern that so many blended families face. That’s that dad’s last wife will squeeze them out of the family fortune.

10/10/2016

If you're in your senior years, you may want to think twice before tying the knot. The love bug can bite at any age, and that can include pain in your wallet. This advice comes from The Hartford (CT) Courant in its recent article “Fit to Be Tied? Think Twice About Marriage in Your Golden Years.”

A late marriage can mess up your previous plans for your estate, personal finances, as well as any advance directives for your end-of-life health care. It can also impact decisions you've made and will make, in addition to those of your spouse and heirs.

No one is saying that older folks shouldn’t marry. They just need to be aware of the impact it may have on their plans. Elder law attorneys advise that those thinking about marriage later in life, at the time when personal wealth is typically the highest, understand the laws on the property rights of both spouses.

Property owned jointly or exclusively by either spouse is deemed to be marital property when it comes to divorce settlement or settling an estate in many states. If you understand the applicable property rights before the marriage, it’ll let you modify your wills, powers of attorney, health care proxies and designated beneficiaries to avoid legal conflicts in the future. Those who marry later in life must face several estate planning issues younger couples don’t. For example, there may be an accumulation of considerable assets or both may have children from earlier relationships.

Marriage is a legal contract between two people that can only be ended by death, annulment or divorce. The laws concerning marriage typically aim to protect the rights and interests of both spouses. One spouse can’t entirely “disinherit" their surviving spouse, regardless of what he or she writes in a will. Under Alabama law , a surviving spouse is entitled to sometimes more than half of their late spouse’s estate for the rest of their life after all its liabilities are settled unless their late spouse used a trust instead of a will.

A good idea to eliminate possible hard feelings is a professionally drafted prenuptial agreement. This document details the legal course to be followed in the event of divorce and decreases the possibility of major disagreements.

02/16/2016

"The legal process they had to endure to visit their fathers was unnecessary and too expensive for the average person."

This story illuminates just one of the heartbreaking problems that can emerge in a blended marriage when the referee is out of the game. Second marriages, if not addressed in estate planning before one of the spouses becomes incapacitated or passes, more often than not results in alienation, disharmony, and disinheritance of either the spouse or children from a prior marriage.

The daughters of two late celebrities are looking to find easier ways for family and friends to visit ailing elders. They've brought separate pieces of legislation to Washington State in memory of their fathers' end-of-life struggles.

KOMO News recently ran a news item, "Daughters of Casey Kasem, Peter Falk tackle elder visitation," which tells their similar stories. Both Kerri Kasem and Catherine Falk were blocked from visiting their fathers, Casey Kasem and Peter Falk, because of personal disagreements with family members. Both men were suffering from serious illnesses.

The daughters had to take legal action to see their fathers. As a result of their experiences, the women are independently working in several states to provide a way for close friends and relatives to visit ailing or incapacitated elder family members without needing to file for guardianship.

Kasem introduced legislation in 11 other states this year and fought for previously passed legislation in Texas and California, as well as a successful bill in Iowa. Falk introduced legislation in more than 20 states this year. However, in Washington, their proposals haven't found overwhelming support, as some feel the new legislation is unnecessary and that the current laws protecting vulnerable elders are adequate.

Radio personality Casey Kasem had dementia. His three adult children from a previous marriage and Jean Kasem, his second wife, fought a heated legal battle over his care. Peter Falk, star of the 1970s TV series "Columbo" became incapacitated in 2008 due to dementia. Likewise, Catherine Falk battled her father's second wife in court to win occasional visits with her father.

Falk's Washington bill says a guardian can't restrict an incapacitated person's right to visit and communicate with anybody. Their consent is presumed based on their history with people, such as close relatives with positive relationships. However, the guardian could block visitation if they showed good cause. The bill would also require guardians to notify close relatives and others if the incapacitated person moves to a new home, spends time in the hospital, or dies.

Kasem's main bill permits a person to petition a court for visitation rights. Another proposal Kasem supports is one that requires a guardian to tell close relatives and friends if an elder spends significant time in the hospital or has died.

None of the bills has been scheduled for a vote.

Kasem said she would be interested in joining forces with Falk or others for guardianship reform legislation.

While the settlement fully resolves the Will contest claims of James' children, the fight is far from over. Brown's wife, Tomi Rae Hynie, is still contesting the Will, making the status of the Will's validity still unresolved.

About a year ago, the South Carolina Supreme Court put everything on hold. Now the only thing still in progress is the question of whether or not Tomi Rae Hynie is the legal spouse of James Brown. That issue is being heard by the Court of Appeals. It is the one issue where all the Brown children are united: they want the judge's ruling that Tomi was Brown's spouse overturned.

If she's his wife, she controls the money flow from Brown's copyrights. That's money that should go into a trust, according to the Will. If Tomi Rae isn't Brown's wife, the kids control that money.

If the appellate court rules that Tomi Rae is indeed the legal wife of James Brown, then they'd have to next determine if the prenuptial agreement is valid. The court could hold that she's not the wife, or they could decide it's a jury issue. If so, this could go on for years.

As it stands now, the four adult children named in the settlement would keep the property Brown wanted them to have, remove the Will contest clause, and give them $147,000 collectively. As a part of the deal, they'll cooperate with the estate and end their legal fight.

The deposition will be conducted privately without the public and the media, and the deadline is fewer than two weeks before the start of a scheduled jury trial over control of a trust created in 1980 after the death of Tom Benson's first wife, Shirley Benson.

The trust assets include nearly all of San Antonio-based Lone Star Capital Bank, 50% of five auto dealerships, a portion of a large Texas ranch, a private plane, real estate, and cash.

The deposition request was made by Renee Benson and has been at the center of a sharp disagreement for more than a month. Tom Benson's lawyers filed a brief last month opposing any deposition, claiming there was nothing left to discover in the case since Renee has owned all the Shirley Benson Testamentary Trust documents for more than 10 years.

Tom Benson's lawyers say that the request amounted to "harassment."

Renee Benson's lawyer, Bennett Stahl, stated that the only way the court will receive Benson's testimony is through a deposition since the 88-year-old billionaire isn't expected to testify at the trial. Tom Benson's lawyers say that if he has to give a deposition, it should be in New Orleans.

Stahl added that he was happy with the order. "A deposition allows me, as Renee Benson's attorney, the opportunity to ask important questions directly to her father and hear the answers in his own words," he said.

What happens to the deposition if a settlement occurs? A jury trial would be avoided and the deposition would be part of the settlement. But sources say that a possible settlement is not imminent.

The purpose of the litigation is to establish a new trustee for the Shirley Benson trust. Judge Rickhoff recently appointed former San Antonio Mayor Phil Hardberger and estate planning lawyer Art Bayern as temporary co-receivers of the trust, removing Tom Benson as trustee. Renee Benson wants to become the trustee.

About a year ago, the twice-widowed Tom Benson said he was changing his succession plan to cut out his only surviving child, Renee and her children, in favor of his third wife. That news triggered several lawsuits challenging the elder Benson's mental capacity to make estate decisions. Renee has alleged in lawsuit briefs that Tom Benson is being brainwashed and manipulated by his current wife and business associates. A judge in New Orleans ruled last June that Tom was competent.